(1) Upon receipt of a claim for enrolment or transfer of enrolment, or notification of change of address within a Subdivision of the Territory, or application for the alteration or correction of particulars of an existing enrolment, the Registrar shall note thereon the date of its receipt by him, and if the claim, notification, or application is in order and he is satisfied that the claimant is entitled to be enrolled or to have his name transferred or the particulars of his enrolment altered or corrected, as the case requires, the Registrar shall forthwith—
(i) enter on the Roll kept by him the name of the claimant and the particulars relating to him or alter or correct the particulars of his enrolment, as the case requires; and
(ii) in the case of an enrolment or a transfer of enrolment, notify the claimant in accordance with Form 3 that he has been enrolled; and
(iii) in the case of a transfer of enrolment give notice of the transfer to the Registrar keeping the Subdivision Roll from which the elector’s name has been transferred.
(2) An interim acknowledgment of the receipt, after the issue of the Writ for an election, and before the close of the polling at the election, of a claim for enrolment, or transfer of enrolment, may be issued to the elector by the Registrar, in the form authorized by the Chief Electoral Officer.
(3) The Registrar keeping a Subdivision Roll from which an elector’s name has been transferred, shall upon receipt of a notice of the transfer in accordance with Form 4, remove the elector’s name from the Roll kept by him.
The notification of the transfer of the enrolment of an elector, or the enrolments of electors, may be in accordance with Form 4.
(1) The Registrar, on receipt of a claim, shall, if he is not satisfied that the claimant is entitled to be enrolled in pursuance of the claim, forthwith—
(a) refer the claim, with such observations as he thinks proper, to the Returning Officer for his decision; and
(b) send to the claimant a notification in accordance with Form 5 that the claim has been so referred.
(2) After the Returning Officer has made such inquiry as may be necessary to enable him to decide the claim, he shall forthwith return the claim to the Registrar, and notify the Registrar of his decision, and, if he decides to reject the claim, the reason for such decision.
(3) If the Returning Officer decides that the claimant is entitled to enrolment pursuant to the claim, the Registrar shall forthwith enrol the claimant, and send to him a notification in accordance with Form 3 that he has been so enrolled.
(4) If the Returning Officer decides that the claimant is not entitled to enrolment pursuant to the claim, the Registrar shall forthwith send to the claimant a notification in accordance with Form 6 that his claim has been rejected, specify the reason for the objection, and advise the claimant that he is entitled, at any time within one calendar month after the receipt of the notification, to appeal to a Court of Summary Jurisdiction for an order directing that his name be added to the Roll.
The Registrar, upon receipt of an electoral claim which is not in order by reason of some formal defect only, may send to the claimant a notification in accordance with Form 7 indicating the nature of the defect, and, as the case requires—
(a) return the claim to him for completion or correction; or
(b) furnish him with a fresh form of claim for completion.
Notwithstanding anything contained in regulations 34 and 36 of these Regulations—
(a) claims for enrolment or transfer of enrolment which are received by a Registrar after six o’clock in the afternoon of the day of the issue of the Writ for an election shall not be registered until after the close of the polling at the election; and
(b) except by direction of the Returning Officer no name shall be removed from a Roll pursuant to a notification of transfer of enrolment received by a Registrar after six o’clock in the afternoon of the day of the issue of the Writ for an election and before the close of the polling at the election.
If a Registrar receives a claim for enrolment or transfer of enrolment and without just excuse fails to do everything necessary on his part to be done to secure the enrolment of the claimant in pursuance of the claim, he shall be guilty of an offence.
Penalty : Ten pounds.
(1) In addition to other powers of alteration conferred by these Regulations, a Registrar may alter the Roll kept by him by—
(a) correcting any mistake or omission in the particulars of the enrolment of an elector;
(b) altering, on the written application of an elector, the original name, address, or occupation of the elector on the same Subdivision Roll;
(c) removing the name of any deceased elector;
(d) striking out the superfluous entry where the name of the same elector appears more than once on the same Subdivision Roll;
(e) reinstating any name removed by mistake as the name of a deceased elector;
(f) reinstating, by direction of the Returning Officer, any name removed as the result of an objection:
Provided that the Returning Officer shall not direct the reinstatement of any such name unless he is satisfied that the objection was based on a mistake as to fact and that the person objected to still retains and has continuously retained his right to the enrolment in respect of which the objection was made;
(g) reinstating by direction of the Returning Officer any other name removed by mistake; and
(h) removing a name from the Roll by direction of the Returning Officer where the Returning Officer is satisfied that the elector has ceased to be qualified for enrolment on that Roll and has secured enrolment on the Roll for another Subdivision of the Territory or for a Subdivision of a Commonwealth Electoral Division:
Provided that where a Registrar removes any such name he shall send by post to the elector whose name is so removed notice of the fact.
(2) Where the name of an elector has, pursuant to a claim, been incorrectly placed on the Roll for a Subdivision other than the Subdivision in which he was living at the date of the claim, and the elector was entitled on that date to have his name placed on the Roll for the Subdivision in which he was living, the Returning Officer may—
(a) direct the Registrar keeping the Roll on which the elector is entitled to be enrolled to place the name on that Roll and to notify the elector of the change of enrolment; and
(b) direct the Registrar keeping the Roll on which the elector is not entitled to be enrolled to remove the name from that Roll.
(3) No alteration pursuant to this regulation shall without the authority of the Returning Officer be made at any time after six o’clock in the afternoon of the day of the issue of the Writ for an election and before the close of the polling at the election.
Every alteration of a Roll shall be made in such a manner that the original entry shall not be obliterated, and the reason for each alteration and the date thereof shall be set against the alteration, together with the initials of the Registrar.
The Registrar of Births, Marriages, and Deaths for the Territory shall, as soon as practicable after the beginning of each month, or at such other times as are arranged with the Returning Officer, forward to the Returning Officer—
(a) a list of the names, addresses, occupations, ages, and sexes and dates of death of all persons of the age of twenty-one years or upwards whose deaths have been registered during the preceding month in the Territory;
(b) particulars of all marriages of women of the age of twenty-one years or upwards which have been registered in the Territory during the preceding month.
The Officer-in-Charge of Prisons shall as soon as practicable after the beginning of each month forward to the Returning Officer a list of the names, addresses, occupations, and sexes of all persons who during the preceding month have been convicted in the Territory and are under sentence for any offence punishable by imprisonment for one year or longer.
The Returning Officer shall, upon receipt of information pursuant to the last two preceding regulations, take action under these Regulations to effect such alterations of the Rolls as are necessary.
Part VII.—Objections and Appeals.
In the application of Parts VIII. and IX. of the Commonwealth Electoral Act to the Territory any reference to the Divisional Returning Officer shall be read as a reference to the Returning Officer for the Territory.
(1) The notice of objection lodged by an elector or officer—not being a Registrar—in respect of a name on a Roll may be in accordance with Form 11.
(2) The notice of objection lodged by a Registrar in respect of a name on a Roll and the direction of the Returning Officer may be in accordance with Form 12.
The notice to be forwarded by the Returning Officer to a person whose name has been objected to upon the ground of non-residence may be in accordance with Form 13.
The notice to be forwarded by the Returning Officer to a person whose name has been objected to on a ground other than non-residence may be in accordance with Form 14.
(1) Any person against whom an objection has been lodged or made may answer the objection as follows:—
(a) by attending before the Returning Officer at the place mentioned in the notice sent by the Returning Officer to him and making an oral statement to show that the objection is not good; or
(b) by sending by post or delivering to the Returning Officer at his office a statement in writing to show that the objection is not good.
(2) The Returning Officer shall determine the objection forthwith on receipt of the answer of the person objected to, or if no answer is received within a period of twenty days after the posting of the notice, then after the expiration of that period:
Provided that in any case in which, owing to the means of communication, it is impossible for an answer to be received within a period of twenty days after the posting of the notice, the Returning Officer may extend the time for the receipt of the answer for such period as he considers necessary.
Before determining an objection, the Returning Officer may make such inquiries as he thinks necessary to ascertain the facts in relation to the objection.
(1) Upon determining an objection the Returning Officer shall send notice of his decision in accordance with Form 15 to the objector if the objector is not a Registrar, and to the person objected to if the person objected to has answered the objection within the prescribed period.
(2) Where an objector is a Registrar, notice of the decision on the objection may be sent to him in accordance with the indorsement on Form 12, and such notice may contain a direction for the removal of an elector’s name from the Roll when an objection has been sustained.
(1) An application under Part VIII. or IX. of the Commonwealth Electoral Act to a Court of Summary Jurisdiction may be made at any time within one calendar month after the receipt of notice of the rejection of a claim for enrolment or transfer of enrolment (regulation 36) or of notice of the determination of an objection (regulation 51), and may be made in writing in the form of a complaint setting out the material facts and asking that the Returning Officer be summoned to answer the complaint.
(2) Upon the complaint being lodged with him, the Clerk of the Court shall issue a summons to the Returning Officer to appear before the Court at a time and place mentioned in the summons to answer the complaint and produce all papers connected with the claim for enrolment or transfer of enrolment, or the objection, as the case requires.
(3) The Returning Officer may, by himself or some person appointed to represent him, appear at the hearing and produce to the Court all papers connected with the claim for enrolment or transfer of enrolment, or the objection, as the case requires, but, if he does not desire to appear, he may send the papers to the clerk, to be produced at the hearing, together with a statement in writing containing such observations as he sees fit to make, and any such statement shall be considered by the Court at the hearing.
(4) The Returning Officer, if present at the hearing, or the person representing him, shall be entitled to be heard.
Part VIII—Writ for Election, and Nominations.
In the application of Part XI. of the Commonwealth Electoral Act any reference to a Divisional Returning Officer shall be read as a reference to the Returning Officer for the Territory, and any reference to a House of Representatives election shall be read as a reference to an election of a member to represent the Territory.
(1) The Writ for an election may be in accordance with Form 31, and shall fix the dates for—
(a) the nomination,
(b) the polling, and
(c) the return of the Writ.
(2) For the purposes of these Regulations a Writ shall be deemed to have been issued at the hour of six o’clock in the afternoon of the day on which the Writ was issued.
(3) The Writ shall be addressed to the Returning Officer and may be issued through the Chief Electoral Officer.
(4) The Chief Electoral Officer may advise the Returning Officer by telegram of the issue of the Writ and the particulars thereof, and for the purposes of this regulation the Returning Officer may act on such advice as if the Writ had been received by him.
(5) On the receipt of the Writ the Returning Officer shall indorse thereon the date of its receipt, and shall advertise its receipt and particulars in not less than two newspapers circulating in the Territory.
(6) The date fixed for the nomination of the candidates shall be not less than seven nor more than thirty days after the date of the Writ.
(7) The date fixed for the polling shall be not less than seven nor more than fifty days after the date of nomination.
(8) The date for the return of the Writ shall be the date fixed for that purpose by the Governor-General.
(1) The form of nomination may be in accordance with Form 16, and shall—
(a) name the candidate, his place of residence, and occupation; and
(b) be signed by not less than six persons entitled to vote at the election.
(2) The place of nomination shall be the office of the Returning Officer at Darwin.
(3) The nominations of persons living in the Subdivisions of Batchelor or Alice Springs may be lodged (not less than twenty-four hours before the hour fixed for the nomination) with an Assistant Returning Officer or any postmaster thereto authorized by the Returning Officer. If a nomination is lodged with an Assistant Returning Officer or an authorized postmaster that officer shall forthwith telegraph the deposit and particulars of the nomination to the Returning Officer at Darwin. A nomination will not be valid unless it, or the telegraphic particulars of it, reaches the Returning Officer at Darwin before the hour fixed for the nomination.
Part IX.—The Polling.
Division 1.—Voting at a Polling Place.
(1) If the proceedings on the day of nomination stand adjourned to polling day, the Returning Officer shall immediately make all necessary arrangements for taking the poll, and in particular shall—
(a) appoint a presiding officer to preside at each polling place, and all necessary assistant presiding officers and poll clerks;
(b) provide and furnish proper polling booths and ballot-boxes; and
(c) provide ballot-papers and all necessary certified lists of voters.
(2) No person under the age of twenty-one years shall be appointed to be a presiding officer or assistant presiding officer.
(3) Any assistant presiding officer may, subject to the direction of the presiding officer, exercise all or any of the powers of the presiding officer, and shall, in respect of the exercise of those powers, be deemed to be the presiding officer.
Any presiding officer may appoint a substitute to perform his duties during his temporary absence, and such substitute may, while so acting exercise all the powers of the presiding officer, and shall, in the exercise of those powers, be deemed to be the presiding officer.
No part of any premises licensed for the sale of intoxicating liquor shall be used for the purpose of any polling booths.
Polling booths shall have separate voting compartments, constructed so as to screen the voters from observation while they are marking their ballot-papers, and each voting compartment shall be furnished with a pencil for the use of voters.
(1) Each polling booth shall be provided with the necessary ballot boxes.
(2) Each ballot-box shall have a cleft in the cover through which the ballot-papers may be deposited in the ballot-box, and shall be provided with means for securely closing the cleft. The ballot-box shall also be capable of being securely fastened by means of a lock.
61. The certified list of voters to be used by a presiding officer at a polling place shall be the list of the electors on the Roll enrolled for the Subdivision for which the polling place is prescribed, certified by the Returning Officer, and shall before the hour of commencing the poll be delivered to the presiding officer for his guidance during the polling.
Ballot-papers to be used in an election may be in accordance with the Form 17.
In printing the ballot-papers—
(a) the names of all candidates duly nominated shall be printed in alphabetical order according to their surnames;
(b) if there are two or more candidates of the same surname, their names shall be printed according to the alphabetical order of their christian names, or, if their christian names are the same, then according to the alphabetical order of their residences, which shall in such case be arranged and stated on the ballot-paper;
(c) where similarity in the names of two or more candidates is likely to cause confusion, the names of such candidates may be arranged with such description or addition as will distinguish them one from another; and
(d) except as otherwise provided by the regulations, a square shall be printed opposite the name of each candidate.
No ballot-paper shall be delivered to any voter without being first initialed by the proper officer in the space provided for the purpose, and an exact account shall be kept of all initialed ballot-papers.
(1) Scrutineers may be appointed by candidates to represent them at polling places during the polling, but so that not more than one scrutineer shall be allowed to each candidate at each polling booth or subdivision of a polling booth.
(2) Appointments of scrutineers shall be made by notice in writing or by telegram addressed to the Returning Officer or presiding officer, and such notice or telegram shall be signed by the candidate, and shall give the name and address of the scrutineer.
(1) A scrutineer shall not—
(a) interfere with or attempt to influence any elector within the polling booth; or
(b) communicate with any person in the polling booth except so far as is necessary in the discharge of his functions.
Penalty: Five pounds.
(2) A scrutineer shall not be prevented from entering or leaving a polling booth during the polling, and, during his absence, a relieving scrutineer may act in his place, but so that only one scrutineer for each candidate shall be entitled to be present in the polling booth or subdivision of the polling booth at any one time.
(3) A scrutineer who commits any breach of this section, or who misconducts himself, or who fails to obey the lawful directions of the presiding officer, may be removed from the polling booth by any constable or person authorized by the presiding officer to remove him.
C.15415.—3
No candidate shall in any way take part in the conduct of an election, and no person, other than the presiding officer, assistant presiding officers, poll clerks, and scrutineers, and the electors voting and about to vote, shall be permitted to enter or remain in the polling booth during the polling except by permission of the presiding officer.
The polling shall be conducted as follows:—
(a) Before any vote is taken the presiding officer shall exhibit the ballot-box empty, and shall then securely fasten its cover;
(b) The poll shall open at eight o’clock in the morning, and shall not close until all electors present in the polling booth at eight o’clock in the evening, and desiring to vote, have voted;
(c) The doors of the polling booth shall be closed at eight o’clock in the evening, and no person shall be admitted after that hour to the polling booth for the purpose of voting;
(d) At the close of the poll the presiding officer shall, in the presence of the poll clerk and of any scrutineers who may be in attendance, publicly close, fasten, seal, and take charge of the ballot-box, and with the least possible delay forward it for the purposes of scrutiny, and it shall on no account be opened except as allowed by these Regulations.
(1) An elector enrolled for the Territory shall only be admitted to vote for the election of the member to represent the Northern Territory.
(2) The electoral Rolls in force at the time of the election shall be conclusive evidence of the right of each person enrolled thereon to vote as an elector, unless he shows by his answers to the questions prescribed by regulation 72 of these Regulations that he is not entitled to vote.
(1.) On polling day, an elector shall be entitled to vote at any prescribed polling place for the Subdivision for which he is enrolled.
(2) An elector whose name is enrolled for a Subdivision for which no polling place is prescribed may vote by post in accordance with the provisions of Division 2 of this part of these Regulations.
Every person claiming to vote at any polling booth shall state his christian name and surname, and, if so desired by the presiding officer, for the purpose of identifying the name under which the vote is claimed, any other particulars necessary to be stated in the Roll.
(1) The presiding officer—
(a) shall put to every person claiming to vote the following questions:—
(i) Have you already voted either here or elsewhere at this election?
(ii) Is your real place of living within the Northern Territory? and
(b) may, and, at the request of any scrutineer shall, also put all or any of the following questions:—
(i) Are you the person whose name appears as (here state name under which the person claims to vote) on the certified list of voters for this polling place?
(ii) Are you of the full age of twenty-one years?
(iii) Are you a natural-born or naturalized subject of the King?
(iv) Are you qualified to vote?
(2) If any person refuses to answer fully any question put to him by the presiding officer under the authority of this regulation his claim to vote shall be rejected.
(3) If from the answers of a person to the questions put to him by the presiding officer under this regulation, the presiding officer is of opinion that that person is not entitled to vote, the presiding officer shall inform him that in his opinion his claim to vote should be rejected, and shall thereupon reject his claim to vote, unless that person alleges that his claim to vote should not be rejected, and states the grounds of his allegation, and makes a declaration in accordance with Form 18 before the presiding officer as to the grounds of his allegation.
(4) Where a person is permitted to vote under the provisions of the last preceding sub-regulation he shall mark and fold his ballot-paper in the manner indicated on the ballot-paper and return it so folded to the presiding officer.
(5) The presiding officer shall thereupon, in the presence of the voter and of such scrutineers as are present, and without unfolding the ballot-paper, enclose it in an envelope bearing the declaration of the voter as to his claim to vote and thereafter the same procedure shall be followed in relation to the envelope and ballot-paper as is provided by these Regulations in relation to persons voting by post.
(6) The voter’s answer to any question put to him by the presiding officer under the authority of this regulation shall be conclusive, and the matter shall not be further inquired into during the polling.
No omission in the Roll or in the certified list of voters of any christian name, or entry of a wrong christian name, or address, or occupation, and no mistake in the spelling of any surname, shall warrant the rejection at any polling of any claim to vote if the voter is sufficiently identified in the opinion of the presiding officer, and no female elector shall be disqualified from voting under the name appearing on the Roll because her surname has been changed by marriage.
(1) The presiding officer or a poll clerk shall at the polling hand to each person claiming to vote a ballot-paper duly initialed by the presiding officer—
(a) if the name under which he claims to vote is on the certified list of voters for the polling place and his right to vote is not challenged; or
(b) if the name under which he claims to vote is on the certified list of voters for the polling place and his right to vote is challenged, and his answers to the prescribed questions show that he is entitled to vote.
(2) The presiding officer, at the request of a scrutineer, shall note any objection by the scrutineer to the right of any person to vote, and shall keep a record thereof.
(3) If the presiding officer puts to any person all or any of the prescribed questions, his right to vote shall be deemed to have been challenged.
Immediately upon handing the ballot-paper to the person claiming to vote, the presiding officer or a poll clerk shall place a mark against the person’s name on the certified list of voters if his name is on that list.
Except as otherwise provided in these Regulations the voter upon receipt of the ballot-paper shall without delay—
(a) retire alone to some unoccupied compartment of the booth, and there, in private, mark his vote on the ballot-paper in the manner hereinafter described;
(b) fold the ballot-paper so as to conceal his vote and to show clearly the initials of the presiding officer, and exhibit it so folded to the presiding officer, and then forthwith openly, and without unfolding it, deposit it in the ballot-box ; and
(c) quit the booth.
If any voter satisfies the presiding officer that his sight is so impaired or that he is so physically incapacitated or illiterate that he is unable to vote without assistance, the presiding officer, in the presence of such scrutineers as may be present, or, if there be no scrutineers present, then in the presence of—
(a) the poll clerk, or
(b) if the voter so desires, in the presence of a person appointed by such voter, instead of the poll clerk,
shall mark, fold, and deposit his ballot-paper for him.
(1) Notwithstanding anything contained in these Regulations, when any person who is entitled to be enrolled on the Roll for a Subdivision claims to vote at an election at a polling place prescribed for that Subdivision, and his name has been omitted from or struck out of the certified list of voters for that polling place owing to an error of an officer or a mistake of fact, he may, subject to the regulations, be permitted to vote if—
(a) in the case of a person whose name has been omitted from the certified list—
(i) he sent or delivered to the Registrar for the Subdivision a duly completed claim for enrolment or transfer of enrolment, as the case requires, in respect of the Subdivision, and the claim was received by the Registrar before the issue of the Writ for the election; and
(ii) he did not after sending or delivering the claim and before the issue of the Writ become qualified for transfer of enrolment to another Subdivision; or
(b) in the case of a person whose name has been struck out of the certified list—
(i) his name was not, to the best of his knowledge, removed from the Roll for the Subdivision owing to objection, or transfer or duplication of enrolment, or disqualification; and
(ii) he had, from the time of his enrolment for the Subdivision to the date of the issue of the Writ for the election, continuously retained his right to enrolment for that Subdivision,
and makes a declaration in Form 19 before the presiding officer at the polling place.
(2) Where a voter claims to vote under the provisions of this regulation, he shall mark and fold his ballot-paper in the manner prescribed in these Regulations and return it so folded to the presiding officer.
(3) The presiding officer shall thereupon, in the presence of the voter and of such scrutineers as are present, and without unfolding the ballot-paper, enclose it in an envelope bearing the declaration of the voter and addressed to the Returning Officer, and shall forthwith securely fasten the envelope and deposit it in the ballot-box.
(4) The Returning Officer, on receipt of the envelope containing the ballot-paper as aforesaid, shall, before opening the envelope or allowing any other person to do so, examine the declaration of the voter, and, if it is in order and he is satisfied, after making such inquiry as may be necessary, that the voter is a person to whom paragraph (a) or (b) of sub-regulation (1) of this regulation applies, shall deal with the ballot-paper in the manner prescribed in connexion with the scrutiny of postal voters’ ballot-papers, and forthwith direct that the necessary correction be made in the Roll by the Registrar; and the correction shall be made accordingly.
(5) Where the claim of any person to vote under this regulation is refused the presiding officer shall make a note in writing of the fact of the claim and the reasons for the refusal thereof, and the presiding officer and a poll clerk shall sign the note in the presence of such scrutineers as are present. Any of those scrutineers may also sign the note.
(1) Notwithstanding anything contained in these Regulations where a voter, against whose name on the certified list of voters used at a polling place prescribed for the Subdivision for which he is enrolled a mark has been placed, in accordance with regulation 75 of these Regulations, claims to vote in an election at that polling place he may, subject to regulations 20 and 72 of these Regulations, be permitted to vote if he makes a declaration in accordance with Form 18 before the presiding officer at the polling place.
(2) The ballot-paper of a voter voting under this regulation shall be dealt with in the manner prescribed in sub-regulations (2), (3), and (4) of the last preceding regulation.
If any voter before depositing his ballot-paper in the ballot-box satisfies the presiding officer that he has spoilt the ballot-paper by mistake or accident, he may, on giving it up, receive a new ballot-paper from the presiding officer, who shall there and then cancel the spoilt ballot-paper, write the word “spoilt” across the face thereof, place it in an indorsed envelope and forward it to the Returning Officer after the polling.
A voter shall mark his vote on his ballot-paper in the manner indicated on the ballot-paper.
The presiding officer may adjourn the polling from day to day in any case where the polling is interrupted, or obstructed by riot or open violence.
If from any cause any polling booth at a polling place is not opened on polling day the presiding officer may adjourn the polling for a period not exceeding 21 days, and shall forthwith give public notice of the adjournment.
Where for any reason the polling is adjourned at any polling place those electors only—
(a) who are enrolled for the Subdivision for which the polling place is prescribed, or
(b) who are by virtue of regulation 78 of these Regulations entitled to vote as electors for that Subdivision, and who have not already voted, shall be entitled to vote at the adjourned polling at that polling place.
Division 2.—Voting by Post.
An Assistant Returning Officer appointed for a Subdivision for which no polling place has been prescribed may perform in respect of that Subdivision the duties, and exercise the powers, of the Returning Officer under this Division of this Part of these Regulations.
Subject to these Regulations—
(a) all electors whose names are enrolled on the electoral Roll for a Subdivision for which no polling place is prescribed; and
(b) any elector whose name is enrolled on the electoral Roll for a Subdivision for which a polling place is prescribed, who—
(i) will not throughout the hours of polling on polling day be within the Subdivision, or
(ii) is seriously ill or infirm and by reason of such illness or infirmity will be precluded from attending at a polling booth to vote, or in the case of a woman, will, by approaching maternity, be precluded from attending at a polling booth to vote,
shall be entitled to vote by post after the date fixed for the receipt of nominations for an election and not later than eight o’clock in the evening of the day fixed for the close of the polling.
(1) It shall not be necessary for any elector of the Territory, who is enrolled for a Subdivision for which no polling place has been prescribed, to make an application for a postal vote certificate and form of declaration and a postal ballot-paper.
(2) It shall be the duty of the Returning Officer or the Assistant Returning Officer, as the case requires, as soon as practicable after the hour fixed for the receipt of nominations of candidates in an election to send by post to each elector whose name appears on the Roll for a Subdivision for which no polling place has been prescribed a postal vote certificate and form of declaration and a postal ballot-paper.
(1) An elector who is entitled to vote by post under the provisions of paragraph (b) of regulation 86 of these Regulations, or an elector enrolled for any Subdivision of the Territory who will not be within the Subdivision for which he is enrolled between the date fixed for the issue of the writ and the polling day under conditions which will permit of his voting in the Territory otherwise than pursuant to the application may, after the issue of the Writ for the election and before the polling day for the election, make an application in Form 20 for a postal vote certificate and form of declaration and a postal ballot-paper to the Returning Officer, or, if the elector has reason to believe that the application may not, in the ordinary course of post, reach the Returning Officer so as to enable him to receive a postal vote certificate and postal ballot-paper from that officer in time to permit of the elector voting at the election, to the Assistant Returning Officer for the Subdivision of Alice Springs, or, if the elector is in a State, to the Commonwealth Electoral Officer of that State;
(2) The application shall state the place which will be the place of living of the applicant elector at the time when a postal vote certificate and form of declaration and postal ballot paper would in the ordinary course of post be delivered to him;
Provided that the application shall not be deemed to have been duly made unless it reaches the Returning Officer or Assistant Returning Officer or Commonwealth Electoral Officer, as the case requires, before six o’clock in the afternoon of the day immediately preceding the polling day for the election.
(3) Upon receipt of an application for a postal vote certificate and form of declaration and a postal ballot-paper the Returning Officer, Assistant Returning Officer, or Commonwealth Electoral Officer, as the case requires, if satisfied that the application is duly signed by the applicant elector and is properly witnessed, shall deliver or post to the elector a postal vote certificate and form
of declaration in accordance with Form 21 printed on an envelope addressed to the Returning Officer or the Assistant Returning Officer for the Subdivision of Alice Springs, as the case requires, and a postal ballot-paper in accordance with Form 22.
(1) All applications for postal vote certificates and forms of declaration and postal ballot-papers received by the Returning Officer or an Assistant Returning Officer shall be numbered consecutively, duly indorsed, and kept by him or forwarded by post to the Assistant Returning Officer for the Subdivision of Alice Springs or to the Returning Officer, as the case requires, and shall be open to public inspection at all convenient times during office hours until the election can no longer be questioned.
(2) Where an application is so forwarded to the Returning Officer or the Assistant Returning Officer at Alice Springs, the Returning Officer or Assistant Returning Officer, as the case requires, shall advise the Returning Officer or Assistant Returning Officer at Alice Springs, as the case requires, by telegram, of the issue of the postal vote certificate and form of declaration and the postal ballot-paper.
(3) Where an application is received pursuant to regulation 88 of these Regulations by a Commonwealth Electoral Officer and a postal vote certificate and form of declaration and a postal ballot-paper is issued in respect of such application the Commonwealth Electoral Officer shall forthwith—
(a) number the application and forward it by post to the Returning Officer, or the Assistant Returning Officer for the Subdivision of Alice Springs, as the case requires; and
(b) advise the Returning Officer, or the Assistant Returning Officer, as the case requires, by telegram, of the issue of the postal vote certificate and form of declaration and the postal ballot-paper.
The Returning Officer, Assistant Returning Officer, or Commonwealth Electoral Officer, as the case requires, shall number each postal vote certificate with the consecutive number corresponding with the number on the application, and shall initial each postal ballot-paper issued in the space provided for the purpose.
(1) The Returning Officer or Assistant Returning Officer, as the case requires, shall note on the certified list of voters the name of each elector to whom a postal vote certificate and form of declaration and a postal ballot-paper have been issued pursuant to an application.
(2) An elector to whom a postal vote certificate and form of declaration and a postal ballot-paper have been issued pursuant to an application shall not be entitled to vote at a polling booth unless he first delivers to the presiding officer for cancellation his postal vote certificate and postal ballot-paper:
(3) Notwithstanding anything contained in the last preceding regulation where a person whose name has been noted on a certified list of voters used at a polling place as an elector to whom a postal vote certificate and form of declaration and a postal ballot-paper have been issued claims to vote at that polling place, and states, when requested to deliver to the presiding officer for cancellation his postal vote certificate and postal ballot-paper, that he neither applied for, nor received, a postal vote certificate or postal ballot-paper, he may, subject to regulation 72 of these Regulations, be permitted to vote if he signs and makes a declaration in accordance with Form 18 before the presiding officer at the polling place.
A postal vote certificate and form of declaration may be in accordance with Form 21, and may be printed on an envelope and addressed to the Returning Officer or the Assistant Returning Officer for the Subdivision of Alice Springs, as the case requires.
(1) The postal ballot-paper may be in accordance with Form 22.
(2) The names shall be arranged in the ballot-papers in the order prescribed in regulation 63.
(3) Before issuing a postal ballot-paper the Returning Officer, Assistant Returning Officer, or Commonwealth Electoral Officer, as the case requires, shall fill in the full names of all the candidates in the order prescribed in sub-regulation (2) of this regulation if the names are not already printed thereon.
The postal vote certificate and form of declaration and postal ballot-paper shall be delivered by the Returning Officer, the Assistant Returning Officer, or Commonwealth Electoral Officer, as the case requires, to the applicant elector personally, or sent by post to him at the place stated in his application in accordance with the provisions of sub-regulation (2) of regulation 88 of these Regulations.
The Returning Officer and the Assistant Returning Officer shall each keep a locked and sealed ballot-box with the words “Postal Ballot-box” marked thereon, and shall place and keep therein, until the scrutiny, all envelopes containing postal ballot-papers received by him up to the time prescribed for the receipt of those ballot-papers.
(1) Subject to the next succeeding sub-regulation, the following persons shall be authorized witnesses within the meaning of these Regulations:—
The Returning Officer for the Territory, the Assistant Returning Officer for a Subdivision of the Territory, the Electoral Registrar for a Subdivision of the Territory; all postmasters and postmistresses or postal officials in charge of post offices and all mail contractors carrying mails in the Territory; all magistrates and justices of the peace of the Territory; all head teachers in the employment of the Territory; all officers of the Department of Trade and Customs stationed in the Territory; all members of the police force of the Territory; all legally qualified medical practitioners practising in the Territory; all officers in charge of telegraph stations in the Territory; all telegraph line repairers permanently employed in the Territory who are in charge of working parties; all railway stationmasters and night officers in charge and all permanent-way inspectors and roadmasters who are permanently employed in the railway service in the Territory; all surveyors in charge of survey camps in the Territory; all officers in charge of well-boring parties in the Territory; all managers of experimental farms in the Territory; all engineers, accountants, and timekeepers engaged on railway construction work in the Territory; all public telephone-keepers, mine managers, station managers, and station overseers, employed in the Territory; all persons in charge of mission stations and all missionaries at mission stations in the Territory; and, where an elector is in a State, all those persons who are authorized witnesses within the meaning of section 86 of the Commonwealth Electoral Act.
(2) No person who is a candidate at any election shall be an authorized witness at that election.
Division 3.—Compulsory Voting.
(1) The list of the names and descriptions of the electors enrolled for a subdivision, who did not vote at an election, which is required to be prepared by the Assistant Returning Officer for the subdivision in respect of which he is appointed to perform the duties of Assistant Returning Officer, under the provisions of sub-section (2) of
section 128a of the Commonwealth Electoral Act, may be prepared in separate Subdivision Lists, which may be certified in accordance with the Form 23.
(2) All the Subdivision Lists for the Territory shall together form the List of the Territory.
(1) The notice to be sent under the provisions of sub-section (4) of section 128a of the Commonwealth Electoral Act to each elector whose name appears on the list shall be posted within three months after the close of the election.
(2) The notice may be in accordance with Form 24.
(3) The form for the reply of the elector, which shall be filled up and signed by the elector in the presence of a witness, may be in accordance with Form 25.
(4) The witness shall be an elector or a person qualified to be an elector.
(1) Where the reply of the elector states a reason for his failure to vote which, in the opinion of the Assistant Returning Officer, is not a valid and sufficient reason for that failure, the Assistant Returning Officer shall, after indorsing on both copies of the list prepared by him his opinion in accordance with sub-section (8) of section 128a of the Commonwealth Electoral Act, notify the elector, in accordance with Form 26, of his opinion, and inform him that he has the option of having the matter dealt with by the Returning Officer or by a Court of Summary Jurisdiction.
(2) Any elector to whom a notification has been sent pursuant to the last preceding sub-regulation, who desires the matter to be dealt with by the Returning Officer, and who is prepared to abide by the decision of that officer, may notify the Assistant Returning Officer in accordance with Form 27, and may deposit with the Assistant Returning Officer such sum as that officer determines, to be appropriated in payment of the penalty, if any, which the Returning Officer imposes upon him.
(3) Upon the receipt from an elector who has failed to vote—
(a) of a notification consenting to the matter being dealt with by the Returning Officer and to abide by the decision of that officer; and
(b) of the deposit specified in the last preceding sub-regulation,
the Assistant Returning Officer shall transmit the notification, together with the elector’s reply stating his reason for having failed to vote and the Assistant Returning Officer’s opinion thereon, to the Returning Officer.
(1) Subject to such directions as are issued by the Chief Electoral Officer, the Returning Officer shall, upon the receipt from an Assistant Returning Officer of the documents mentioned in the last preceding regulation, consider all the facts, and if satisfied that the elector concerned has failed to vote at the election without a valid and sufficient reason for that failure, he may make an order imposing upon that elector a penalty not exceeding Two pounds, and notify the Assistant Returning Officer thereof and of the time allowed for payment.
(2) Any penalty imposed by the Returning Officer in pursuance of this regulation shall be a debt due to the Commonwealth, and in default of payment within the time allowed, may be recovered in accordance with the provisions of regulation 101 of these Regulations.
(3) The Chief Electoral Officer may review any order made by a Returning Officer in pursuance of this regulation, and may, if he is of opinion that the circumstances justify such action, remit the penalty imposed by the order.
The Assistant Returning, Officer upon receipt of advice from the Returning Officer that a penalty has been imposed upon any elector for a contravention of paragraph (a) of sub-section (12) of section 128a of the Commonwealth Electoral Act, may appropriate the deposit or portion thereof in payment of the penalty, shall notify the elector, in accordance with Form 28, of the amount of the penalty, and refund to the elector the balance, if any, of the deposit.
Subject to such directions as are issued by the Chief Electoral Officer, the Assistant Returning Officer shall—
(a) if he is satisfied that there has been a contravention of paragraph (a) of sub-section (12) of section 128a of the Commonwealth Electoral Act by an elector, and the elector has not, within the time allowed, intimated that he consents to the matter being dealt with by the Returning Officer, and deposited the sum specified in sub-regulation (2) of regulation 99 of these Regulations; or
(b) if he is satisfied that there has been a contravention of paragraph (b) of sub-section (12) of section 128a of the Commonwealth Electoral Act by an elector; or
(c) if he is satisfied that there has been a contravention of paragraph (c) of sub-section (12) of section 128a of the Commonwealth Electoral Act by an elector,
forthwith cause proceedings to be taken against the elector in a Court of summary jurisdiction.
(1) In any proceedings which are instituted in a Court of summary jurisdiction, pursuant to paragraph (a) of the last preceding regulation, the Assistant Returning Officer shall send to the Court the elector’s reply, if any, stating his reason for having failed to vote.
(2) The Court shall, whether the defendant is present or not, consider the contents of the reply as if it were given in evidence before the Court.
(3) If the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his reply, the Court shall, if it dismisses the information, do so without awarding the defendant the costs of his defence.
(4) A copy of this regulation shall be printed on the back of the form of summons.
(1) In any proceedings in a Court of summary jurisdiction against an elector for a contravention of paragraph (b) of sub-section (12) of section 128a of the Commonwealth Electoral Act, there shall be served on the defendant a notice that the defendant may attend the
Court and answer the charge in person, or may, at any time, not less than seven days before the date fixed for the hearing, lodge with or send by post to the prosecuting officer a statutory declaration setting out any matter which he desires to set out in answer to the charge, and that, unless the prosecuting officer withdraws the charge, the declaration will be sent to the Court for consideration of the matter set out therein as if it were given in evidence before the Court, subject to any evidence in reply adduced by the prosecuting officer. The notice may be printed or written on the summons or may be by separate document served therewith.
(2) Where a statutory declaration is received by the prosecuting officer, in pursuance of the last preceding sub-regulation, he shall, as far as it is practicable for him to do so, inquire into the truth of the statements therein set out, and shall, unless he withdraws the prosecution, bring the declaration to the notice of the Court.
(3) The Court shall, at the hearing of the case, consider the statutory declaration (whether the defendant is present or not) as if the matter therein set out were given in evidence before it, but if the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his declaration, the Court shall, if it dismisses the prosecution, do so without awarding the defendant the costs of his defence.
(4) The Court may, in its discretion, on the application of the prosecuting officer, adjourn the hearing for any period it thinks fit, to enable that officer to answer the declaration.
(1) In any prosecution in a Court of summary jurisdiction in respect of any contravention of sub-paragraphs (a) or (b) of sub-section (12) of section 128a of the Commonwealth Electoral Act, the prosecuting officer may lodge with the Court a statutory declaration in accordance with Form 29, together with, a certified extract in accordance with Form 30, and it shall not then be necessary for him to attend at the hearing.
(2) Where a statutory declaration and certified extract have been lodged as provided by this regulation, and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence and shall consider the statutory declaration and certified extract as if the matter set out therein had been given in evidence before it, and shall, notwithstanding the absence of the prosecuting officer, permit evidence to be given for the prosecution by any witness who is summoned by, or attends on behalf of, the prosecuting officer.
(3) For the purposes of this regulation any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signature thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.
Part X.—The Scrutiny.
Division 1.—General Provisions.
The result of the polling shall be ascertained by scrutiny.
107. Each candidate may by notice in writing or by telegram addressed to the Returning Officer or Assistant Returning Officer, as the case requires, appoint one scrutineer to represent him at the scrutiny at each place at which the scrutiny is being conducted, and such notice or telegram shall be signed by the candidate and shall give the name and address of the scrutineer.
The scrutiny shall be conducted as follows:—
(a) It shall commence as soon as practicable after the closing of the poll;
(b) Such scrutineers as have been duly appointed pursuant to the last preceding regulation, and any persons approved by the officer conducting the scrutiny, may be present;
(c) All the proceedings at the scrutiny shall be open to the inspection of the scrutineers;
(d) The scrutiny may be adjourned from time to time as may be necessary until the counting of the votes is complete.
(1) If a scrutineer objects to a ballot-paper as being informal, the officer conducting the scrutiny shall mark the ballot-paper “admitted” or “rejected”, according to his decision to admit or reject the ballot-paper.
(2) Nothing in this regulation shall prevent the officer conducting the scrutiny from rejecting any ballot-paper as being informal although it is not objected to.
(1) A ballot-paper shall be informal if—
(a) it is not authenticated by the initials of the proper officer, or by an official mark as prescribed by these Regulations;
(b) it has no vote indicated on it, or it does not indicate the voter’s first preference for one candidate, and in the case of any election where there are more than two candidates his contingent votes for all the remaining candidates:
Provided that where there are not more than two candidates the voter’s preference for one candidate shall be deemed to be sufficiently indicated in the case of a ballot-paper marked so as to indicate the voter’s first preference only;
(c) it has upon it any mark or writing (not authorized by these Regulations to be put upon it) by which, in the opinion of the Returning Officer, or the Assistant Returning Officer, as the case requires, the voter can be identified:
Provided that paragraph (c) shall not apply to any mark or writing placed upon the ballot-paper by an officer, notwithstanding that the placing of the mark or writing upon the ballot-paper is a contravention of these Regulations;
(d) in the case of a postal vote it is not contained in the envelope bearing the postal vote certificate and the declaration of the elector.
(2) A ballot-paper shall not be informal for any reason other than the reasons specified in this regulation, but shall be given effect to according to the voter’s intention so far as his intention is clear.
Except as authorized by these Regulations, an officer shall not place upon any ballot-paper any mark or writing which would enable any person to identify the voter by whom it is used.
Penalty: Ten pounds.
Division 2.—Provisions relating to the Scrutiny of Ballot-papers in Form 17.
The scrutiny of ballot-papers in Form 17 shall, subject to the provisions of these Regulations, be conducted in the following manner—
(1) The Returning Officer shall, in the presence of a presiding officer or poll clerk and of such authorized scrutineers as may attend—
(a) open all ballot-boxes received from all polling places;
(b) reject all informal ballot-papers and arrange the unrejected ballot-papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate;
(c) count the first preference votes given for each candidate on all unrejected ballot-papers;
(d) make out and sign a statement (which may be countersigned by a presiding officer or a poll clerk, and, if they so desire, by such scrutineers as are present) setting out the number of first preference votes given for each candidate, and the number of informal ballot-papers;
(e) place in a separate parcel all the ballot-papers which have been rejected as informal; and
(f) seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement.
Division 3.—Provisions relating to the Scrutiny of Postal Votes.
An Assistant Returning Officer appointed for a Subdivision for which no polling place is prescribed may perform in respect of that Subdivision the duties, and exercise the powers, of the Returning Officer under this Division of this Part of these Regulations.
(1) The scrutiny of postal votes recorded on or before the day fixed for the polling and received by the Returning Officer or the Assistant Returning Officer, as the case requires, within two months after the day fixed for the polling shall be conducted, with the assistance of an officer of the Public Service of the Commonwealth or the Territory, in the presence of such authorized scrutineers as choose to attend and any other persons approved by the Returning Officer or Assistant Returning Officer, as the case requires.
(2) In the absence of evidence to the contrary, the date appearing in the declaration of an elector shall be taken as the date upon which the elector’s vote was recorded.
The Returning Officer, or the Assistant Returning Officer, as the case requires, shall—
(a) at such intervals as he determines, after the close of the polling, produce and open the postal voters’ ballot-box in which the envelopes containing the voters’ ballot-papers have been placed and produce unopened all envelopes containing postal votes, received within two months after polling day:
Provided that the Returning Officer or Assistant Returning Officer, as the case requires, shall keep in the ballot-box sufficient envelopes containing ballot-papers to insure that all ballot-papers, when counted, shall be taken from a number sufficient to prevent the identity of voters from being disclosed;
(b) compare the signature of the elector on his declaration with the signature of the same elector on his claim for enrolment, kept by the Registrar, and allow the scrutineers to inspect both signatures, for which purpose the Registrar shall make the claim cards available to the Returning Officer or Assistant Returning Officer, as the case requires;
(c) if satisfied that the voter’s signature on his declaration is that of the elector who signed the claim for enrolment and that the signature purports to be witnessed by an authorized witness, accept the ballot-paper for further scrutiny, and place a mark against the name of the elector on a certified copy of the Roll to be used by him for the purpose of the scrutiny, but if not so satisfied, disallow the ballot-paper without opening the envelope in which it is contained;
(d) place in one parcel the unopened envelopes bearing the duly signed and attested declarations of those persons whose ballot-papers have been accepted for further scrutiny;
(e) place in another parcel the unopened envelopes bearing the declarations of those persons whose ballot-papers he has disallowed, fasten, and seal the parcel, indorse thereon the words “Postal voters’ ballot-papers rejected at the preliminary scrutiny”, and add the words “Northern Territory”, the name of the Subdivision, his signature, and the date;
(f) place the envelopes containing the ballot-papers which he has decided to accept for further scrutiny before him on a table in such a manner that the address side of each envelope shall be visible;
(g) number each envelope consecutively from one upwards in the top right-hand corner until the whole of the envelopes have been dealt with, and initial each number;
(h) without further examining the certificate or declaration of any voter or permitting any other person to do so, withdraw from the envelope each ballot-paper contained therein, and, without inspecting or unfolding such ballot-paper, or allowing any other person to do so, place thereon a number corresponding with that placed on the envelope from which the ballot-paper has been withdrawn, initial the number, and forthwith deposit the folded ballot-paper in a locked and sealed ballot-box for further scrutiny;
(i) place the envelopes in a parcel, indorsed with the words “Envelopes bearing postal voters’ declarations from which ballot-papers have been withdrawn for further scrutiny”, fasten and seal the parcel, add the words “Northern Territory”, the name of the Subdivision, his signature, and the date; and
(j) transmit the parcel to the Commonwealth Auditor at Darwin.
(1) At the further scrutiny, the Returning Officer or the Assistant Returning Officer, as the case requires, shall, at such intervals as he determines, open the ballot-box referred to in regulation 115 (h) of these Regulations, examine the postal voters’ ballot-papers contained therein, and shall
take similar action to that set out in sub-paragraphs (b), (c), (d), (e), and (f) of regulation 112 of these Regulations.
(2) The Assistant Returning Officer shall, after each examination of postal ballot-papers and counting of the first preference votes thereon, inform, by telegram, the Returning Officer of the total number of first preference votes given for each candidate on all ballot-papers scrutinized by him to that date and the total number of informal votes.
Division Div 3 - Northern Territory Electoral Regulations - Registration of Claims. | Zoe